SUMMARY OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, OCTOBER 27, 1999, AT 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Fire Chief Dan Jones, Assistant Fire Chief Lewis Atwater, Battalion Chief David Lewis, Parks and Recreation Administrative Analyst Bill Webster, Town Accountant Kay Johnson, Senior Transportation Planner David Bonk, Traffic Engineer David Brown, Housing Director Tina Vaughn, Library Administrative Analyst Mark Bayliss, and Town Clerk Joyce Smith.

Item 1. Presentation of Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the

Year Ending June 30, 1998

Mayor Waldorf presented the Certificate of Achievement to Town Accountant Kay Johnson, who accepted the award on behalf of the Town Finance Department. Mayor Waldorf said that this was the fourteenth consecutive year that the Town had received this award. She led the audience in a round of applause for the Finance Department. Ms. Johnson acknowledged the people in the Finance Department responsible for the award: Christy McClelland, Judy Weller, and Clarence Grier.

Item 2. Public Forum on 2002-2008 Chapel Hill Transportation Priority List

Senior Transportation Planner David Bonk discussed the priorities and recommendations put forward to the Council by the various advisory boards. He said the Council, in October 1997, adopted Chapel Hill Transportation Priority Lists as part of the development of the 2000-2006 Metropolitan and State Transportation Improvement Programs. He said that on page 2 of the memorandum, there was an assessment of the status of each project on the 1999-2005 Town Priority List and the status of their funding. Mr. Bonk said there had been a series of recommendations from the Town advisory boards as part of their review of the Priority List, which were attached to the memorandum. He said there was a table beginning on page 6 summarizing the recommendations from the advisory boards for changes to the Priority List and the Manager’s Preliminary Recommendation. Mr. Bonk said the Manager’s Preliminary Recommendations, listed on page 5 of the memorandum, recommended two new projects: #2, NC 54/Hamilton Road Intersection Improvements, and #9, Bolin Creek-Franklin Street Stairs.

Council Member Brown asked Mr. Bonk to make an announcement about the information presentation that the Department of Transportation (DOT) would be giving in November regarding South Columbia Street, for Council Members and citizens in the Town. Mr. Bonk said he would verify the date, time and place and report back to the Council.

Council Member McClintock said the Council had two lists before it and asked which list they would be voting on. She said one was a list of recommendations from the Transportation Board and the other the Manager’s recommendations. Mr. Bonk said the list was for this evening’s forum and for the Council’s comments, and that the staff anticipated coming back to the Council on November 22 with a final list for the Council’s consideration.

Mayor pro tem Capowski asked if the improvements on South Columbia Street would be completed. Mr. Bonk said they would. Mayor pro tem Capowski asked Mr. Bonk to explain, in the final recommendations, why the Culbreth Road Improvements were dropped from #6 to #8.

Council Member Foy asked Mr. Bonk for a better description of the Merritt Mill Sidewalk—whether it went from Cameron Street toward Franklin Street. Mr. Bonk said it added some missing sections to the sidewalk. Mr. Horton said it was on the east side from Cameron Avenue to Edwards Place, south on Merritt Mill Road.

Council Member McClintock pointed out, regarding Mayor pro tem Capowski’s comment on the Culbreth Road priority change, that the Bicycle and Pedestrian Advisory Board had recommended that the priority should be moved to #3.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER RESOLUTION 0.1 TO THE STAFF, TO BE BROUGHT BACK TO THE COUNCIL ON NOVEMBER 22, 1999. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3. Public Forum on Potential Change in Public Access Fees Paid

by Cable Television Customers

Assistant to the Manager Ruffin Hall reported that the Council, at its October 11^th meeting, adopted a resolution calling for a public forum to receive comments on whether the Council should make an annual adjustment, continue the present 67 cent rate per month per customer, reduce, or eliminate the supplemental public access fee for cable television services. He said the Peoples Channel, Inc. currently ran the public access television services through a performance agreement with the Town. Mr. Hall said if the Council increased the public access fee by the inflation factor permitted under the Franchise Ordinance for Cable Television, the increase would be one to two cents per customer per month. Mr. Hall said the staff recommended that the comments and questions be referred to the Manager with a follow-up report to the Council on November 22^nd. He said the Manager’s recommendation would be for the Council to increase the public access fee by the inflation factor permitted under the cable television franchise.

Bob Joesting, of the Public Access Advisory Committee, said the Committee met on October 26^th and unanimously voted to grant the maximum allowable inflation fee.

Council Member McClintock asked Mr. Joesting if the Committee had talked with the community to ascertain whether they were satisfied with what was being offered, and the quality of what was being done. Mr. Joesting said that he had informally talked with people, and asked the staff what comments they had received, asked the Peoples Channel what comments it had received, and had found that most of the comments had been positive. He said the negotiations with Carrboro, Hillsborough and Orange County and Time Warner had not yet been completed.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE COMMENTS FROM THE EVENING’S PUBLIC FORUM TO THE MANAGER, TO REPORT TO THE COUNCIL ON NOVEMBER 22^ND. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Brown asked the staff to return with comment on a citizen’s request to have the public television access rate increased to three cents. Mr. Horton said it could only be raised in accordance with the inflation rate, which was only a two cents increase.

Mayor Waldorf announced that the workshop sponsored by NCDOT, on the improvements to South Columbia Street, would be held on November 9^th from 4-7 p.m. in the Council Chambers. She said there would not be any detailed designs, but there would be information about the project, which is ½ mile long and intended to widen the travel lanes and provide bike lanes and sidewalks on one side of the road.

Item 4. Petitions by Citizens and Announcements by Council Members

4.a(1). Petition by Greenways Commission regarding Tanyard Branch Greenway.

Mark Broadwell, Chair of the Greenways Commission, said there was a development proposal to construct about ten duplexes in the Northside neighborhood along Jay Street and Nunn Street, adjacent to Village West, also adjacent to the Tanyard Branch Creek and the Tanyard Branch Greenway. He said the Commission visited the site and found that one existing development greatly detracted from the Greenway and was built without regard to the topography. Mr. Broadwell said the duplexes proposed would disturb the view from the Greenway. He said the Commission voted unanimously (5-0) to recommend that the Council consider using 1996 Open Space bond funds to purchase the property that lies along the west side of Tanyard Branch and is currently being proposed for this development. Mr. Broadwell said the Commission believed an opportunity existed to extend the Town’s Greenway land holdings in the Northside neighborhood in a way that would benefit the existing neighborhoods. He said there was a total three million dollars in the Open Space Bond Fund, $450,000 of which had been spent. Mr. Broadwell said that the Commission noted on their hike that the existing trail should be considered for some remedial work and that routine trash removal should be improved and expanded.

Mr. Broadwell spoke on Agenda Item 6.b., on Council Member Bateman’s suggestion to purchase the Lloyd property, adjacent to the Meadowmont Development. He said the Commission felt that the property deserved to be purchased for protection, but they felt it would use up all the remaining bond fund money. He said that the Commission felt that this proposal should be a separate bond proposal, so that the other recommendations for the Greenways could be fulfilled.

Council Member Brown said the Council had received, in the mail, a memorandum from Mark Heath of Village West, with a petition from some of the people in the area.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER TO THE MANAGER THE PETITION FROM THE GREENWAYS COMMISSION AND THE PETITION FROM THE CITIZENS OF VILLAGE WEST. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4.a(1). Additional Comment by Joe Herzenberg.

Mr. Herzenberg said he came to the meeting to amplify Mark Broadwell’s comments. He said the Tanyard Branch Greenway, one of the oldest parts of the Greenways network, was like a “stepchild” which had not received the attention that it deserved. He said there was considerable litter, and thanked Council Members Evans and Foy for helping to pick it up during their walk with the Commission through the Tanyard Branch Greenway. He said some additional land on the western side of that Greenway would help make it more attractive.

4.b. Announcements by Council Members.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADD RESOLUTION 19 TO THE CONSENT AGENDA AS ITEM O. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

Mayor Waldorf reminded citizens that if they wanted to register to volunteer for the Hurricane Relief trip to the Town of Speed for Saturday, October 30, they should call 962-5296 or use the email address: [email protected]. She said if there weren’t enough people for October 30, the trip would have to be postponed until the next Saturday.

Council Member Wiggins reminded people who wanted to help by supplying household goods and furniture to the flood victims that these people had no where to put them. She asked them to wait until this kind of response could be coordinated, when there was a place to store such goods. She said plenty of clothing had already been donated.

4.a(2). Patrick Morton.

Mr. Morton said he wanted to speak on the Transportation Priority List about bicycling lanes. He said most bicycle lanes were too narrow in width to ride on safely. Mr. Morton said the Orange County Bicycle Plan and the Regional Bicycling Plan of Chapel Hill called for roads of less than 30 miles per hour to have 12-foot wide outside curb lanes, for 30-40 miles per hour, 14-foot wide lanes, for 40-50 miles per hour, 15-foot wide lanes. Mr. Morton said there could be some liability issues. He requested that in any Transportation Plan there should be a limit of a minimum of 12-foot wide lanes.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. MORTON’S PETITION TO THE STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4.a(3). Jim Protzman.

Mr. Protzman, a candidate for Town Council, requested that Item #12 of the Agenda be moved up to the Petition section so that the young people and their parents in the audience would be able to hear and comment on the issue of Skate Parks.

The Council agreed by consensus to move Item #12 up to the Petition section of the Agenda.

Item 12. Consideration of Skate Park and Batting Cage Concession Agreement

Parks and Recreation Administrative Analyst Bill Webster said the memorandum before the Council discussed basically management options for the skate park, and how it would be operated. He said Resolution A would authorize the Manager to execute an agreement that would allow a concessionaire to operate the skate park as a business and the draft contract established admission fees for residents of $5.00 per day with options for purchase of long-term passes. Mr. Webster said the Town would receive a share of the gross receipts of operations, and the policy concerns would be established by the terms of the contract. He said if this were the approach taken, the park could probably open this November. Mr. Webster said Resolution B offered a second approach, which would direct the Manager to operate the facilities through its Parks & Recreation Department personnel and would establish a daily fee of $3.00 for residents. He said this fee could be changed if desired. He said if this option was adopted, there would be a need to establish a budget ordinance, in order to pay for the staff operating the park. Mr. Webster said this option would have the park in operation in January, or more realistically, in February, in order to find staff to operate the park, and buy equipment for the park.

Jim Protzman thanked the staff for all its work on the skateboard park. He said he felt that the proposal in Resolution A would be the best option. Mr. Protzman said the proposed concessionaire was familiar with these operations and felt he would do a good job.

Alex Turner, speaking on behalf of the skateboarders of Chapel Hill, said the fees per day being recommended for skateboarding were too high. He said the fees should be between $2.00-5.00 per day.

Mayor Waldorf asked Mr. Horton what the fees were. Mr. Horton said there were several different types of passes: a monthly pass could be purchased at a fee of $22.00, which would amount to $2.00 per day if used every day, 4 visits a week would average about $3.37, 2 visits a week would average about $4.75.

Council Member McClintock asked what the daily rate would be without a pass. Mr. Horton said that would be $5.00.

Jason Mosher, speaking on behalf of the Chapel Hill and Orange County skateboarders, thanked the Council for the skateboard park, and said he agreed with the $5.00 rate and the monthly pass rate, and felt they were very fair. He felt the park should be opened as soon as possible. Mr. Mosher said Frank Noel had done a great job and that he would be a good manager, and that the parents and young people liked and trusted him.

Frank Noel, owner of Ryan’s World Skateboard Park in Raleigh, said he had done at least nine months of research in the running of a skate park and had found that the biggest cost factor was liability. He said he had almost 2,400 members in his park, and the parents were most appreciative of the safety and quality of the skate park. Mr. Ryan said he had run the numbers and that $3.00 per day would not cover all the costs of operation.

Council Member Foy asked if Mr. Noel had an estimate of what the employee wage scale and benefits would be. Mr. Noel said most of the employees would be part-time and he would be there every day, with two people on staff at all times. He said he generally starts his employees at $6.50 per hour.

Mayor pro tem Capowski asked if the Orange County Commissioners had put money into the park, as he wondered why non-Chapel Hill residents from Orange County were being charged the same fee as Chapel Hillians. Mr. Horton said any time the County contributed anything to the Recreation Department, Chapel Hill is bound to treat County residents as if they were Chapel Hill residents. Mr. Webster said the County contributed about $76,000 annually, and in addition, the County Commissioners provided $145,000 to help build the concession building and extend the sewer and utility lines for the concession building and the skate park. Mr. Horton said the County had designated a total of one million dollars for the park.

Mayor pro tem Capowski asked how much the Town would recover in costs, if the fees were as recommended. Mr. Horton said the Town would not be recovering costs, adding the costs would depend upon how the contractor operated the service, and the revenues would depend upon how popular the service was. He said the Town would be getting five percent of gross. Mr. Noel said at least fifteen percent of the users of his facility in Raleigh were from Chapel Hill, and he felt 25-30 percent of users would be from Chapel Hill and Orange County, and that the largest part of the users would be from outside the area—the largest part of the revenue—with additional revenue from tournaments and professional skateboarders.

Council Member Evans asked why the monthly fees for out-of-towners was so little more than the resident fees. Mr. Noel said most of the out-of-towners probably would not buy a monthly pass, but would be happy to pay the $8.00 fee per day, and, he said, the usual fee for parks around the area and the country was $10.00 for a 2-hour session, and membership fees were much higher than for the Chapel Hill park.

Council Member Evans asked Mr. Horton if the Town could require an increase in fees. Mr. Horton said the Town could approve changes in fees, but he did not think the Town could require an upward increase in fees.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A CONCESSION AGREEMENT WITH RYAN’S WORLD OF CHAPEL HILL INC. FOR OPERATION OF THE CHAPEL HILL SKATE PARK AND BATTING CAGE FACILITIES

(99-10-27/R-14)

WHEREAS, the Town of Chapel Hill has constructed a skate park at its Homestead Park; and

WHEREAS, the Council may authorize the construction of a batting cage facility at Homestead Park; and

WHEREAS, the Council has determined that the most efficient method of operating these facilities would be to contract with a private concessionaire; and

WHEREAS, the staff has recruited potential concessionaires and has received a viable proposal from Ryan’s World of Chapel Hill, Inc.;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a concession agreement with Ryan’s World of Chapel Hill, Inc. for operation of the Chapel Hill Skate Park and, if built, the operation of the Chapel Hill Batting Cage facility.

BE IT FURTHER RESOLVED by the Council that terms of the agreement are to include the major points outlined in Attachments A and B in the memorandum to the Council titled Skate Park and Batting Cage Concession Agreement and dated October 27, 1999.

This the 27^th day of October, 1999.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 9. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

THE COUNCIL EXPUNGED THE ADOPTION OF ORDINANCE 9 AS IT WAS NOT NEEDED WITH THE ADOPTION OF RESOLUTION 14.

Item 5. Consent Agenda

Council Member Brown removed Item 5b, “Nominations to the Solid Waste Advisory Board” for a proposal she wanted to discuss.

Council Member McClintock noted that, if the Agenda passed, the Council would be authorizing the Town Attorney to work on the development of a proposed school adequate public facilities ordinance.

Council Member Foy said that in one portion of Item 5i, regarding Library Services, mention was made that the Orange County Commissioners contributed $224,000 to the Library Operating Budget this year, and he wanted to express gratitude for that, and to formally thank them.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE CONSENT AGENDA, WITH THE REMOVAL OF THE SOLID WASTE ADVISORY BOARD PORTION OF SECTION B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-10-27/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Minutes of September 13 and 22, 1999.
b.	Nominations to Bicycle and Pedestrian Advisory Board. (R-2).
c.	Bid award and budget ordinance amendment regarding vehicle lease purchase program (R-3) (O-1).
d.	Bid award and budget ordinance amendment regarding computer lease purchase program. (R-4) (O-2).
e.	Bid award for fire pumper truck for the Southern Fire Station. (R-5).
f.	Bid award for fire attack pumper truck. (R-6).
g.	Ordinance to amend project ordinance for Transportation Capital Grant to replace two lift-equipped vans. (O-3).
h.	Ordinance establishing project ordinance for transit planning grant. (O-4).
i.	Resolution and budget ordinance amendment authorizing the Manager to accept a Library Service and Technology Grant and additional funding from Orange County. (R-7) (O-5).
j.	Deleted.
k.	Resolution and ordinance amending the Town Code and Council Procedures Manual to change the name of the Walks and Bikeways Commission to the Bicycle and Pedestrian Advisory Board. (R-8) (O-7).
l.	Ordinance modifying on-street parking regulations on Tenney Circle to “No Parking, Except by Residential Permit” at all times. (O-8).
m.	Resolution authorizing the Town Attorney to work on the development of a proposed schools adequate public facilities ordinance. (R-9).
*n.	Resolution amending the Council’s meeting schedule to add work session on proposed Comprehensive Plan (R-9.1).
o.	Resolution authorizing paid leave for employees assisting with Hurricane Floyd relief. (R-19).

This the 27^th day of October, 1999.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (99-10-27/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Bicycle and Pedestrian Advisory Board

Ellen Ruina

Solid Waste Advisory Board

John D. Boyer

Jan F. Sassaman

BE IT FURTHER RESOLVED that the Council shall forward to all applicants for the Solid Waste Advisory Board a copy of the “Goals for the Management of Solid Waste in Orange County” as adopted by the Landfill Owners’ Group October 9, 1995, and subsequently adopted by the governing boards of Carrboro, Chapel Hill, Hillsborough and Orange County. Also forward a copy of the abbreviated version of the “Integrated Solid Waste Management Plan” adopted by all four governing bodies in Orange County.

BE IT FURTHER RESOLVED that the Council shall set up interviews with all applicants with the last two Landfill Owners’ Group members (and possibly several members of the citizens task force which worked with the consultant to develop the integrated plan) to discuss the applicants understanding of these two documents and willingness to commit to advocating for both the goals and the integrated plan on the advisory committee as Chapel Hill’s representative.

BE IT FURTHER RESOLVED that there should also be a commitment to report periodically (at least twice a year, or more as the need arises) to the Chapel Hill Town Council on work on the Solid Waste Advisory Board and whether the Commissioners are carrying out the goals and integrated plan.

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR VEHICLE REPLACEMENT PURCHASES FOR THE GENERAL FUND DEPARTMENTS (99-10-27/R-3)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of a variety of vehicles for various departments; and

WHEREAS, Branch Banking & Trust offers the lowest total interest cost for the 3-year and 5-year terms for this purchase;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Branch Banking & Trust on behalf of the Town for the lease-purchase of vehicles at fixed interest rates of 4.49% and 4.68%.

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and Branch Banking & Trust, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 27^th day of October, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-10-27/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1999” as duly adopted on June 14, 1999, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

VEHICLE

REPLACEMENT FUND

Capital Equipment 1,466,000 160,200 1,626,200

Lease-Purchase

Payments 563,135 42,000 605,135

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

VEHICLE

REPLACEMENT FUND

Loan Proceeds 1,466,000 160,200 1,626,200

General Fund Use

Charges 563,135 42,000 605,135

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR COMPUTER SYSTEMS REPLACEMENT PURCHASES FOR THE GENERAL FUND DEPARTMENTS (99-10-27/R-4)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of computers and software for various departments; and

WHEREAS, Branch Banking & Trust offers the lowest fixed interest rates of 4.49 % and for the 3-year term for this purchase;

NOW, THEREFORE, BE IT RESOVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Branch Banking & Trust on behalf of the Town for the lease-purchase of computers and software at a fixed interest rates of 4.49 %.

This the 27^th day of October, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-10-27/O-2)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

COMPUTER SYSTEMS

REPLACEMENT FUND

Capital Equipment 0 140,170 140,170

Lease-Purchase

Payments 0 50,000 50,000

GENERAL FUND

Mayor/Council 198,590 2,178 200,768

Town Manager 889,849 1,451 891,300

Personnel 582,655 2,177 584,832

Finance 1,111,451 5,734 1,117,185

Planning 995,793 4,354 1,000,147

Inspections 473,829 5,080 478,909

Engineering 901,739 4,354 906,093

Public Works 8,771,248 8,708 8,779,956

Police 7,736,232 1,451 7,737,683

Fire 3,501,203 4,354 3,505,557

Parks & Recreation 1,862,383 6,531 1,868,914

Library 1,668,372 3,628 1,672,000

Non-Departmental 3,792,006 50,000 3,742,006

TOTALS 32,485,350 50,000 50,000 32,485,350

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

COMPUTER SYSTEMS

REPLACEMENT FUND

Loan Proceeds 0 140,170 140,170

General Fund Use

Charges 0 50,000 50,000

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACQUIRE A FIRE PUMPER (99-10-27/R-5)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on August 27, 1999, in accordance with G.S. 143-129 for the purchase of a Fire Pumper; and

WHEREAS, the low bid was submitted by Ferrara Fire Apparatus, Inc. at the bid price of $359,855.00 and met the specifications established by the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to acquire a Fire Pumper from Ferrara Fire Apparatus, Inc. in the amount of $359,855.00

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACQUIRE A FIRE ATTACK PUMPER, UTILIZING ALTERNATE BID OPTION #3 (99-10-27/R-6)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on August 29, 1999, in accordance with G.S. 143-129 for the purchase of a Fire Attack Pumper; and

WHEREAS, the low bid was submitted by Jack Slagle Fire Equipment/KME Fire Apparatus and contained a further cost reducing option making the bid price $157,436.00;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to acquire a Fire Attack Pumper from Jack Slagle Fire Equipment/KME Fire Apparatus in the amount of $157,436.00.

This the 27^th day of October, 1999.

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR A TRANSIT CAPITAL GRANT (99-10-27/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The project authorized is a Transit Capital and Planning Grant from FY1996-1997 federal funds from an agreement with the Federal Transit Administration and the North Carolina Department of Transportation.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

The following revenue is available to the Town to complete activities as outlined in the project application.

Urbanized Area Formula Program

Federal Transit Administration (FTA) $38,160

NC Department of Transportation (NCDOT) 4,770

Town of Chapel Hill (local match) 4,770

TOTAL $47,700

SECTION IV

The following amounts are appropriated for the project.

Capital Equipment $47,700

TOTAL $47,700

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 27^th day of October, 1999.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (99-10-27/O-4)

SECTION I

The project authorized is a Transit Planning Grant, more specifically known as a Federal Transit Administration Planning Program Section 5303 (formerly Section 8), awarded through an agreement with the City of Durham. The project provides funds for transit planning activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

City of Durham (FTA & NCDOT) $33,939

Town of Chapel Hill (local match) 3,771

$37,710

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time $17,900

Salaries - Contract 9,000

Fringe Benefits 2,640

FICA 2,170

Travel 2,000

Equipment 2,500

Supplies 1,500

$37,710

SECTION V

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACCEPT A LIBRARY SERVICE AND TECHNOLOGY ACT (LSTA) GRANT FOR LIBRARY EQUIPMENT AND SOFTWARE (99-10-27/R-7)

WHEREAS, State Library guidelines recommend that a library serving a population the size of Chapel Hill provide seventeen Internet stations; and

WHEREAS, the library currently provides nine public Internet stations; and

WHEREAS, the State Library has approved the Town’s application for a Library Service and Technology Act grant totaling $9,208 to purchase equipment to meet current State Library guidelines and software to provide access to patrons with limited vision; and

WHEREAS, no local match is required by this grant;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be authorized to accept the Library Service and Technology Act Basic Equipment grant as awarded by the State Library of North Carolina and to contract for equipment and software.

This the 27^th day of October, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-10-27/O-5)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Library 1,668,372 20,881 1,689,263

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 745,300 19,881 765,181

Other Revenue 229,000 1,000 230,000

This the 27^th day of October, 1999.

AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES CHANGING THE NAME OF THE WALKS AND BIKEWAYS COMMISSION TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD (99-10-27/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Article XII., of Chapter 2 of the Town Code is hereby revised to read as follows:

“Article XII. BICYCLE AND

PEDESTRIAN ADVISORY BOARD.

Sec. 2-170. Created; named.

A bicycle and pedestrian advisory board is hereby created for the Town of Chapel Hill.

Sec. 2-171. Membership, terms.

The bicycle and pedestrian advisory board shall consist of ten (10) members appointed as hereinafter provided. The Town Council shall appoint two (2) representatives from the Town of Carrboro and one (1) representative from Orange County to be members of the board. The University shall appoint one (1) representative from their bicycle management to be a member of the board. The terms of office shall be three (3) years, or until their successors are appointed and qualified, except that the initial terms of members first appointed shall be as follows: three (3) members shall be appointed for a period of one (1) year, three (3) members shall be appointed for a period of two (2) years, and four (4) members shall be appointed for a period of three (3) years. Members may be reappointed to succeed themselves. The terms of all members shall expire on the 30^th day of June following the end of the final year of their terms.

Sec. 2-172. Appointment, vacancies.

The members shall be appointed and vacancies filled as prescribed in Section 11.D-2 of the Council Procedures Manual.

Sec. 2-173. Meetings, chairperson.

The bicycle and pedestrian advisory board shall regularly hold meetings at such time and places as it shall determine. It shall annually elect one (1) member to serve as chairperson and to preside over its meetings. The board may create and fill such other offices and committees as it may deem necessary. All meetings of the board shall be open to the public in accord with the Open Meetings Law of North Carolina, and reasonable notice of the time and place thereof shall be given to the public in accord with Chapter 143, Article 33C of the N.C. General Statutes. The board shall keep a record of its meetings; including attendance of its members; its resolutions, findings, recommendations and actions. A quorum of the board, necessary to take any official action, shall consist of five (5) members. The concurring vote of a simple majority of those members present shall be necessary to take any official action.

Sec. 2-174. Duties and powers.

The bicycle and pedestrian advisory board shall have the following powers and duties:

a) Advise the Council regarding the creation, development, and revision of a phased Walks and Bikeways Master Plan.

b) Set priorities for new facilities or enhancement of existing routes in the Walks and Bikeways Master Plan.

c) Identify and prioritize critical gaps in facilities; advise which critical gaps require Town action.

d) Review project designs related to proposed bicycle and pedestrian improvements, including review of new proposals for subdivision or development of land or improvements to existing subdivisions and developments, and recommend qualitative enhancements, following criteria established by the commission.

e) Recommend walk and bikeway priorities for local, State, and federal, projects.

f) Assist in identifying alternative funding sources for walks and bikeways projects.

g) Review town ordinances with respect to pedestrian and bicycle requirements and recommend enhancements or changes.

h) Review State and regional policies pertaining to pedestrian and bicycle facilities and recommend changes that fit local community needs.

i) Report annually to the Council regarding walk and bikeway system needs and priorities for consideration during capital improvements program and budget deliberations.

j) Promote walking and biking as alternate modes of transportation, with emphasis on educating school age children on safe, effective bicycling and walking.

k) Advocate services for bike-commuters, such as showers, changing areas and secure bicycle parking facilities.

l) Work with regional organizations to coordinate regional bikeway linkages.

m) Work with other Town advisory boards to coordinate walks and bikeways planning.”

Section 2. This ordinance shall become effective upon adoption.

This the 27^th day of October, 1999.

A RESOLUTION REVISING THE COUNCIL PROCEDURES MANUAL (99-10-27/R-8)

WHEREAS, the Council Procedures Manual was last updated in September 1999; and

WHEREAS, the Council adopted a motion accepting the Walks and Bikeways Commission’s request to change its name to the “Bicycle and Pedestrian Advisory Board” on October 11, 1999;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby revises the Council Procedures Manual to reflect this name change, and is filed in the office of the Town Clerk.

This the 27^th day of October, 1999.

AN ORDINANCE AMENDING SECTIONS 21-27.1 AND 21-27.8 OF THE CODE OF ORDINANCES REGARDING ON-STREET PARKING (99-10-27/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Section 21-27.1(c)of the Town Code of Ordinances, “No parking during certain hours.” is hereby revised by deleting the following street as listed in alphabetical order:

Tenney Circle Either Full Length

Section 2. Section 21-27.8 of the Town Code of Ordinances, “No parking anytime except by residential permit.” is hereby revised by inserting the following in appropriate alphabetical order:

“Tenney Circle Either Full Length”

Section 3. This ordinance shall become effective December 1, 1999.

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN ATTORNEY TO WORK ON DEVELOPMENT OF A PROPOSED SCHOOL ADEQUATE PUBLIC FACILITIES ORDINANCE (99-10-27/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Attorney is authorized to work with attorneys from other local public agencies in development of a proposed School Adequate Public Facilities Ordinance.

This the 27^th day of October, 1999.

A RESOLUTION AMENDING THE TOWN COUNCIL’S MEETING SCHEDULE

(99-10-27/R-9.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adds the following work session to the Council’s meeting schedule:

November 23, 1999 at 5:00 p.m. for a work session to discuss the proposed Comprehensive Plan.

This the 27^th day of October, 1999.

A RESOLUTION AUTHORIZING PAID LEAVE FOR EMPLOYEES ASSISTING WITH HURRICANE FLOYD RELIEF (99-10-27/R-19)

BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes the Town Manager to grant up to 2 days / 16 hours of administrative leave to Town employees who wish to assist in Hurricane Floyd disaster recovery efforts, and;

BE IT RESOLVED, that such leave may be granted between October 28, 1999 through June 30, 2000, and will be subject to approval following policies developed by the Manager.

This the 27^th day of October, 1999.

Item 6. Information Reports.

Council Member Bateman pulled 6b.

Items Deferred from September 27, 1999 Regular Business Meeting

Item 7. Consideration of Resolution Regarding Implementation of Items from Report of Carrboro, Chapel Hill and Orange County Recreation

Committee for At-Risk Youth Issues

Mr. Horton said this Item had been delayed until the Council could have discussion on it, and the staff would be ready to answer any questions from the Council.

Council Member Bateman said she wished to include, in #7 on page 5, under “Employment: Job opportunities are required for at-risk youth,” under “Staff Comments” the addition of other departments such as Transportation, the Library, Public Works, and others, in addition to the mentioned Parks and Recreation Department. She also wanted included in Resolution B, that the staff work with the school system’s vocational coordinator to identify candidates for these summer positions.

Council Member Wiggins asked that the staff be sure to include this latter point by Council Member Bateman in Resolution B. Mr. Horton said it would be included.

Council Member McClintock asked that the staff look into the possibility of instituting a basketball league for the Town’s at-risk teen-age women.

Mayor pro tem Capowski said most of the proposals regarded County services and they should be funded by the County. He indicated that he would add this to the language of Resolution B when it came to a vote.

Council Member Bateman agreed, in part, with Mayor pro tem Capowski and said she would ask the staff not to add to the summer positions, but to utilize the jobs that were available and hard to fill.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 10A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MAYOR TO COMMUNICATE WITH THE CHAPEL HILL-CARRBORO CITY SCHOOL BOARD CONCERNING ISSUES RELATED TO THE REPORT ENTITLED CARRBORO, CHAPEL HILL, AND ORANGE COUNTY RECREATION COMMITTEE FOR AT-RISK YOUTH ISSUES, FINDINGS, AND RECOMMENDATIONS (99-10-27/R-10a)

WHEREAS, a Committee consisting of elected officials and staff of the Town of Chapel Hill, the Town of Carrboro, and Orange County prepared a report on the issues and potential solutions for dealing with at-risk youth; and

WHEREAS, the Committee’s report contained specific recommendations targeted toward the elected officials; and

WHEREAS, the Council accepted the Report on February 8, 1999; and

WHEREAS, several of the recommendations related to issues that would require cooperation with the Chapel Hill-Carrboro City Schools;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to send a letter to the Chapel Hill-Carrboro City School Board requesting assistance in implementing the recommendations found in the Report, including the following items, many of which the School Board has already expressed commitment:

· Design all future schools to meet both school and community needs

· Site schools to provide educational and recreational benefits

· Develop joint programming

· Develop mutually cooperative agreements that fairly distribute maintenance responsibilities and use of athletic facilities

· Develop joint transportation options

This the 27^th day of October, 1999.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 10B.

Mayor pro tem Capowski offered an amendment to the second bullet to say, “develop budget proposals that include primarily Orange County funding…”.

Council Member Bateman asked Mayor pro tem Capowski why the Town would ask the County to fund programs that were under the Chapel Hill Parks and Recreation Department. Mayor pro tem Capowski said these became issues of philosophy—at what point were they recreation and at what point were they human services.

Council McClintock suggested adding a bullet under “Therefore it be resolved” that said the Manager requested Orange County to assist Chapel Hill in any additional programming.

Mayor Waldorf said she felt it was important to move forward with these programs, especially since the Council had instructed the Task Force that these were very important and necessary programs. She cited another incidence where Chapel Hill had started a program, which was successful, and the other entities moved into it, and helped in the funding.

Mayor pro tem Capowski said he would withdraw his amendment, if Council Member McClintock would move her amendment.

COUNCIL MEMBER MCCLINTOCK MOVED AN AMENDMENT THAT ASKED THE MANAGER TO REQUEST ORANGE COUNTY TO ASSIST CHAPEL HILL FOR THE COST OF ANY NEW PROGRAMS.

COUNCIL MEMBER BATEMAN MOVED AN AMENDMENT TO DIRECT STAFF TO WORK WITH SCHOOL DISTRICT’S VOCATIONAL COORDINATOR TO IDENTIFY POTENTIAL APPLICANTS FOR THE TOWN’S TEMPORARY SUMMER POSITIONS OR APPRENTICESHIPS.

THE AMENDED MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO TAKE VARIOUS ACTIONS RELATED TO IMPLEMENTING THE REPORT ENTITLED CARRBORO, CHAPEL HILL, AND ORANGE COUNTY RECREATION COMMITTEE FOR AT-RISK YOUTH ISSUES, FINDINGS, AND RECOMMENDATIONS (99-10-27/R-10b)

WHEREAS, the Committee’s report contained specific recommendations targeted toward the elected officials; and

WHEREAS, the Council accepted the Report on February 8, 1999; and

WHEREAS, several of the recommendations would have budget impacts; and

WHEREAS, other recommendations could be further investigated or implemented by the staff;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to take the following steps to address recommendations found in the Carrboro, Chapel Hill, And Orange County Recreation Committee For At-Risk Youth Issues, Findings, And Recommendations:

· Continue to discuss facility use issues with the Chapel Hill-Carrboro City Schools staff including the possible use of space not currently utilized by the Parks and Recreation Department.

· Develop budget proposals that would address ideas related to a mentor program, transportation, expanded camp, afterschool, and other at-risk youth programs as part of the FY 2000-2001 budget process.

· Include in the conceptual planning process for the proposed Aquatics/Community Center at Homestead Park, at least one option that would include facilities that could be used for at-risk youth programs.

· Encourage citizens to volunteer to be mentors.

· Work with residents’ councils, schools, and mentoring programs to identify contacts.

· Request that the Chamber of Commerce, local businesses, and the University consider creating apprenticeship and job placement programs.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to request Orange County to assist Chapel Hill in the cost of any programs.

BE IT FURTHER RESOLVED that the Council directs staff to work with the school system’s vocational coordinator to identify candidates for these potential summer positions.

This the 27^th day of October, 1999.

Item 8. Report on the State Clearinghouse Project Process and Consideration of Options Incorporating the State’s Process Into the Local Development Process

Mr. Horton said that this item was scheduled for Council discussion and questions, if needed, of the staff.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT OPTION 2 TO “CHANGE OUR PROCESS TO REQUIRE, FOR PROJECTS THAT NEED AN ENVIRONMENTAL ASSESSMENT, THAT A DRAFT ASSESSMENT BE REQUIRED TO BE SUBMITTED AS PART OF THE APPLICATION FOR TOWN APPROVAL. THEN, FOLLOWING TOWN APPROVAL, THE PROCESS WOULD UNFOLD AS PRESENTLY CONFIGURED.”

John Kent said he had brought this to the attention of the Council when the Hospital Administration Building issue came up, and the application had not gone to the State Clearing House yet. e said one of the really important issues to arise during the State Environmental Policy Act (SEPA) process was the consideration of alternatives. Mr. Kent said the staff had done a good job with the report and Option 2 was a reasonable approach, but there could be instances in which the Town’s desires might not butt up on what the State wished. He said that Option 3 would have the application form done by the State and be completed before it came before the Town. Mr. Kent said he was not sure that an Environmental Impact Statement was involved in the staff report. He said the submissions were up to the applicant, who should not abuse the process.

Mayor pro tem Capowski asked what buildings on the UNC campus had ever been required to have an environmental assessment. Mr. Waldon said most of the new buildings on campus had to go through this process, and most had received the approval as having “no significant environmental impact.” Mayor pro tem Capowski said he felt that the process didn’t matter.

Council Member Brown said this process was before the Council because they wanted to have something that would have some meaning, so the Council could have some way of assessing the environmental impact. She asked if there was any way possible to enact Option 2 and still give the Council a better way of judging the environmental impact more than it did at the present time. Mr. Horton said he did not believe the Council had the ability to modify the State’s standards for review, or the forms used, or information requested. He said the University prepared an environmental assessment and offered it for review, then the State had to agree that there was no significant impact..

Council Member Brown asked if there was any way for the Town to have outside assessment to determine whether there was actually some environmentally significant impact. Mr. Horton said only persons authorized by law could do that, adding the Council could try to initiate a court challenge if it disagreed with the findings.

Council Member McClintock said the environmental statement should come to the Council after the findings, before it went to the State Clearinghouse. She said citizens could then ask questions and a public hearing could be held. Council Member McClintock said that was the merit of Option 2, that the statement would come to the Town before going to the State Clearinghouse. Mr. Horton said many times citizens do challenge the findings and sometimes called for reconsideration of the findings.

Aaron Nelson, representing the University, said the work was all done after the University was sure of what the application to the State would be, some times after the Special Use Permit had been approved by the Town.

Mayor pro tem Capowski said the biggest issue was that most of the large buildings proposed for the campus never got to the Council for approval of a Special Use Permit, because there was not one. Mr. Horton said the University was close to its ability for expansion of square feet on the campus without Council approval, and Option 2 would give the Council the ability to review, without changing the Council’s ordinances.

THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

Items Deferred from October 11, 1999 Regular Business Meeting

Item 9. Resolution for Follow-up Work Regarding Report on

Air Conditioning for Public Housing Units

Council Member Foy said he pulled this report because he wanted to note that public housing could be air-conditioned for a cost of $300,000 to $1.4 million, depending on what choice the Council made. He noted that there was, on page 6 of the memorandum, a financing technique possibility “Performance Contracting,” a federally subsidized program that permitted savings achieved through up-grades in energy usage to be applied, over a period of up to twelve years, to energy related improvements. Council Member Foy asked the Council to be aware and to monitor the situation. He said he was in favor of proceeding. Mr. Horton noted that 272 of the 312 occupied apartments had some form of air-conditioning, mostly window, and were owned by the occupants.

Mr. Horton said the staff was not sure how this financing would work, and that the Town might have to spend some money, but not much, and it would be a reasonable investment because of the potential gain.

Mayor pro tem Capowski asked how “Performance Contracting” would save the Town money if the Town was not paying the bills.

Council Member Foy said the issue was saving energy, as well as money.

Mr. Horton said central air-conditioning was not feasible because of the costs, and the consultants had agreed.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO RESEARCH INFORMATION ON PERFORMANCE CONTRACTING (99-10-27/R-11)

WHEREAS, the Council has requested information on air conditioning options for the public housing apartments; and

WHEREAS, performance contracting may be a source of funding for air conditioning the public housing apartments; and

WHEREAS, additional information is needed on performance contracting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to do additional research on performance contracting as a source of funding for air conditioning in the public housing apartments.

This the 27^th day of October, 1999.

Items Deferred From October 18, 1999 Public Hearing

Item 9.1. Discussion Regarding Campaign Disclosure Law

Council Member Pavão read a memo from Elsie E. Pickett regarding Campaign Disclosure Law.

“As a property owner within 1000 feet of Pinehurst Drive, I received a copy of tonight’s Council Agenda by mail. Glancing over the agenda I noticed the discussion on Campaign Disclosure Law which prompted the following comments:

“For several years a small group, called TIC (Truth in Campaigning), has done an analysis of campaign contributions and spending in local elections. Some of us have also been participant-observers in the process.

“Campaign finance reform is a noble and needed endeavor; however, it is complex with many ramifications and unintended consequences. For example:

“Just before the 1997 elections, the Alliance of Neighborhoods’ PAC received loans of over $2500 from two individuals. At a late December fundraiser about 80 unnamed contributors gave over $1600 to repay part of these loans. The PAC’s final report in 1998, long after the election was over, showed that $600 of the loans made by the two individuals had been forgiven. This information was not easily available, even belatedly, as the reports were filed in Raleigh with the State Board of Elections.

“Enclosed is a Chapel Hill News article dated March 6, 1998 which details the political activities of the Alliance of Neighborhoods’ PAC. Also enclosed is a copy of their Special 1997 Election Newsletter, promoting a slate of candidates, which was distributed as a newspaper insert prior to the election.

“Although several candidates in the 1997 municipal race had publicly pledged to limit their contributions to $100 per person, they accepted the PAC’s help which had been financed by individuals who had already given the maximum amount to the candidate.

“Will full disclosure of even small contributions encourage more PAC activities that allow delayed reports of very large individual contributions and no disclosure of contributions under $100?

“Do you want to encourage bundling and the use of “soft money” locally?

“Will PACs be used to circumvent Chapel Hill’s Full Disclosure Law?”

Deborah Ross, Executive and Legal Director of the American Civil Liberties Union (ACLU) of North Carolina, thanked the Council for taking up the issue and for their thoughtful questions. She said the issues were the same, they were asking the Council to amend the Ordinance to set an amount of $50 below which the names of contributors did not need to be disclosed. She reported some experiences she became aware of since the meeting last week: one a student at UNC and one a State employee, who preferred to have any participation he/she took on a low level amount of money, be anonymous. Ms. Ross said it was important to preserve the opportunity for giving small contributions anonymously, because that was the only way to counteract the influence of large contributions. She said she had researched the State law that stated that any contributions of $100 or less, did not require disclosure of occupation and employer of the person making the contribution.

Aaron Nelson, speaking as a member of the local board and the State board of the ACLU, said the ACLU supported financial disclosure, but he was troubled by the “first dollar” disclosure. He said the Town’s law would not shed light on “bundling” because all the law would disclose would be the names of the individuals, not place of occupation. He said he was more concerned with reverse “bundling,” which would happen under the recent ordinance. Mr. Nelson said the State of North Carolina’s Right to Work Law would allow a person to be fired from a job if a person had contributed to a candidate not supported by his/her employer. He requested the Council to set the amount for disclosure to $50 or more, so that an individual could feel comfortable contributing a small amount to a candidate without fear of retribution.

Mr. Nelson read a statement from an anonymous writer.

“In legitimate democracies, the individual has the right to choose who will represent him or her in the council of policy makers. The individual has the right to make that choice privately. We select public officer holders by casting votes privately, but also do so by supporting candidates’ campaign efforts. It is unavoidable that political campaigns incur financial expenses, even filing for the race carries a monetary fee. And thus financial contributions from supporters are an inherent part of the electoral process and unless we want public offices to be reserved to those candidates who can afford by themselves to run for office, without such contributions. Therefore, equal to the right to cast a vote in privacy, the citizen’s right to offer modest financial support to the campaign efforts of our chosen leaders must also be private. No citizen should fear that such participation in the electoral process will carry the risk of retribution from people who hold different opinions.

“It is wrongly said that the effect of “first dollar” reporting is to ensure the election process is free from the influence of wealthy contributors. That is false. The wealthy and influential, and, yes, even real estate developers, are not scared away from the political process by “first dollar” policy. It is the ordinary, honest individual, who value their decency and reputation who are scared away by “first dollar” reporting from the right to participate in the electoral process. And while retaliation from employers, or neighbors, is due cause for concern, it is not “first dollar” reporting’s greatest threat to civic-minded people. Far more serious and likely is the threat of retaliation by Town Council members or their campaign personnel. “First dollar” reporting policy is unethical and unconstitutional. Please rescind it. Sadly, I judge that I may not sign my name to this request, without risk of retaliation from Council Members, who believe in “first dollar” reporting as a weapon with which to intimidate citizens who hold opinions different from their own.”

Richard Franck, a member of the State board of the ACLU and the ACLU local board, said his main concern was the rights of individuals, and, as a candidate, although he had never been asked not to disclose the name of a contributor, he might have acceded had he been asked. He said the key reason for campaign finance reporting laws was to avoid corruption, and he felt that small contributions would not be corrupting. Mr. Franck encouraged the Council to modify the dollar amount for disclosure.

Council Member Bateman said she was amenable to the suggestion from the ACLU, and she would be supportive of a lesser amount if the Council should desire.

Council Member Foy said he was persuaded that there were valid reasons not to have “first dollar” reporting. He said the issue should be what is reasonable, and would support changing the requirement.

Council Member Brown said she had spoken to Elizabeth Daniel of the Brennan School of Social Justice at New York University, and she said she thought that the Town’s ordinance was constitutional, but did think that the Town could go beyond the “first dollar.” Council Member Brown said she had checked with the Board of Elections and had found, in contributions for several years, there were considerable contributions less than $50. She thought the reason for the ordinance was to have an open process. She said she would support a lower amount than $50.

Council Member Wiggins suggested starting the discussion for compromise at $25.

Council Member McClintock agreed that it was a balancing act, and felt she could support $20-$25.

Mayor Waldorf said she thought the ACLU had brought an important principle forward and she felt the Council ought to protect this principle. She asked if there was anything that the Council could do to discourage contributions from Political Action Committees (PACs), who can give donations to Council Members “under the cloak.”

Council Member McClintock said she would like to have that as a separate discussion.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CHANGE THE ORDINANCE AMENDMENT TO READ $15 INSTEAD OF $50.

Council Member Wiggins offered to amend the amount to $25.

Council Member Brown said she would accept an amendment of $20, but not $25.

Mayor pro tem Capowski said he was surprised that Mr. Nelson would present an anonymous letter to the Council. He said he felt that the Council had done the right thing in requiring disclosure of financial contributions down to zero, and he would not support a change.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO AMEND THE MOTION TO $25. THE MOTION FAILED BY A VOTE OF 4-5, WITH MAYOR WALDORF, AND COUNCIL MEMBERS EVANS, PAVÃO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING NAY.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO AMEND THE MOTION TO $20.

Council Member Brown said that she would accept the amendment as a friendly amendment in the spirit of compromise.

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, EVANS, FOY, MCCLINTOCK, PAVÃO, AND WIGGINS VOTING AYE, AND MAYOR PRO TEM CAPOWSKI VOTING NAY.

AN ORDINANCE AMENDING SECTION 2-71 OF THE CODE OF ORDINANCES REGARDING CAMPAIGN CONTRIBUTION DISCLOSURE (99-10-27/O-10)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Sec. 2-71 of the Town Code is hereby revised to read as follows:

“Sec. 2-71. Disclosure of Contributors.

(a) Except as provided in subsection (b) of this section all candidates for municipal elections in the Town of Chapel Hill, regardless of the amount they spend, shall file reports listing the names of all contributors and the amounts contributed by each.

(b) Names of contributors of amounts less than $20.00 are exempt from the requirements of this section.

(c) Reports required by this section shall be filed in accordance with Part 2, Article 22A of Chapter 163, North Carolina General Statutes.”

Section 2. This ordinance shall become effective upon adoption.

This the 27^th day of October, 1999.

Council Member Wiggins said she had fully intended to disclose the names of all her contributors during the last election, when she was a candidate, but the election had been so contentious, she had decided against doing so, yet she won readily. She said she was very pleased to receive the memorandum from Elsie Pickett calling attention to matters that still had to be addressed.

Council Member Foy said the Council had had a good conversation about the Campaign Disclosure Law, and he felt it was unfortunate that the memorandum regarding the “Truth in Campaigning” group had been introduced into the discussion. He felt the group should have discussed other PACs along with the one they had chosen to single out.

Council Member Evans said she thought they were looking locally.

Town Attorney Karpinos pointed out that the ordinance on limitations on contributions limits the contributions to $200 by any individual or Political Action Committee.

Continuation of October 27, 1999 Regular Business Meeting

Item 10. Franklin Grove Townhomes Application for Special Use Permit

Roger Waldon, Planning Director, reviewed the background for the application of a Special Use Permit (SUP), and said, at the last discussion, there had been a request by a citizen for placement of a four-way traffic signal that would incorporate the Milton Avenue/East Franklin Street intersection and the Eastgate Drive/East Franklin Street intersection into one common signalized intersection. Mr. Waldon said the staff did not believe that the proposed reconfiguration would be desirable, and had several safety-related concerns with the proposal. He said the staff did not recommend that the Council proceed with that recommendation.

Mr. Waldon said the second suggestion from the last discussion by the Council was from a Council member, who requested that the applicant meet local affordable housing and/or land trust organizations in an effort to determine what approaches, if any, might be utilized to promote the long term affordability of the 4 homes to be renovated on Milton Avenue. Mr. Waldon pointed out that the applicant had made an offer of a contribution of $10,000 to the Orange Community Housing Corporation (OCHC), so this was included in the Resolution as a stipulation of the approval of the SUP. He corrected an error in Resolution A—#38 should refer to Orange Community Housing Corporation. Mr. Waldon said the applicant had been encouraged to work with the Land Trust and the OCHC, with respect to the 4 houses that are part of the site and the proposal. He said in the supplemental packet there were letters from the applicant and the OCHC, regarding the arrangements they have worked out for those 4 houses. Mr. Waldon suggested substituting the language offered in the supplement to the language already included in Section #38. He said that the staff recommended approval of Resolution A, approval of the SUP.

Council Member McClintock asked who would judge whether the homes would be rehabilitated to an acceptable level. Mr. Waldon said it would be the Building Inspector.

Council Member Brown asked what would happen if funds weren’t available soon for the rehabilitation of the houses. Mr. Horton said the Land Trust could answer that question.

Robert Dowling, representing the Orange Community Housing Corporation and the Land Trust, said they would purchase the homes from the developer for $118,000 each, which would already been rehabilitated by the developer. He said during the course of the rehabilitation, OCHC would be marketing these homes, and they would hope that there were four buyers for the homes when they were conveyed to the Land Trust, where they would be sold for $127,000, which would cover the costs incurred by OCHC. Mr. Dowling said the Land Trust would own the land and the houses would be sold to the homebuyer.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12A, WITH AMENDMENTS TO ADD ITEMS 1 AND 2 FROM THE MEMORANDUM, AND THE DELETION OF #38.

Council Member Foy thanked the applicant for working with the Land Trust in this precedent-setting effort.

Mayor Waldorf thanked Council Member Foy for pursuing this solution and Council Member Wiggins emphasized that this solution would not have happened if Council Member Foy had not pursued it with the same amount of intensity as the applicant had, in believing it could not be accomplished.

Council Member McClintock also thanked Council Member Foy. She asked why it would be difficult to have the two traffic signals on the Elliott Road/Franklin Street intersection. David Brown, Traffic Engineer, with displays, said that the configuration would create an awkward space between the two East Franklin Street signals, and would result in two East Franklin Street signals about 200 feet apart from each other. Mr. Brown said this close proximity would create conflicts in turning movements resulting in an unsafe situation. He said there would be two driveways entering into the middle of an elongated intersection, causing confusion for drivers.

Council Member McClintock asked, if all the traffic stopped at a four-way intersection, how would that be a problem for pedestrian crossing. Mr. Brown responded if the pedestrian crossing was at Eastgate there would be vehicles moving north on Franklin Street, and there would be a similar concern for a pedestrian crossing at Milton Avenue.

He also noted that Franklin Street was a state road, and approval would be needed from the North Carolina Department of Transportation. Mr. Brown said the installation of a new configuration of traffic signals would be very costly

Council Member McClintock asked if it would be possible to have a four-way pedestrian crossing at Elliott Street and Franklin Street. Mr. Brown said he had not reviewed that possibility, but if there was pedestrian traffic to justify a four-way crossing, he could not perceive a problem.

Council Member Bateman supported the suggestion from Council Member McClintock. Mr. Horton said the State had refused the same request for the intersection of Columbia Street and Franklin Street, and he felt the State would have the same response to this suggestion. He said the staff could pursue the question further. Council Member McClintock asked him to do so, and to separate this item from the Resolution.

Council Member Evans asked if the left-hand turn would be deactivated, if a pedestrian button were pushed to allow a pedestrian to cross. Mr. Brown described the traffic signals that would be installed by the State at the intersection. He said it would be similar to that on Airport Road and Hillsborough Road, and there would be a similar pedestrian-activated button for the Elliott Street/Franklin Street intersection. Mr. Brown said it would not be a protected pedestrian crossing.

Council Member McClintock suggested that this matter of the pedestrian crossing be brought back for further discussion as an agenda item.

Mayor pro tem Capowski asked if Dan McCauliffe had spoken to the item under discussion.

Mr. Karpinos noted that the Public Hearing was closed at the last meeting. He said the Council could hear comment, but could not consider additional evidence that would be a basis for the Council making a decision.

Eric Chupp, the applicant, thanked Robert Dowling and the Orange Community Housing Corporation and Land Trust for working with Capkov Ventures. He said the Planning Board had recommended, and the applicant supported, removing Stipulation #7, “Adjustment of Road Layout” from the Resolution, because they felt the dead end stub would be a traffic-calming device. Mr. Waldon explained the staff was concerned with the movement of public safety vehicles in negotiating the curve through the site. Mr. Chubb said the applicant would agree to Stipulation #7.

Dan McCauliffe, President of the Coker Hills Neighborhood Association, said they were pleased with the project and wished to emphasize the issue of facilitating pedestrian crossing at the Elliott Street/Franklin Street intersection with a four-way stop signal.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FRANKLIN GROVE TOWNHOMES (99-10-27/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Capkov Ventures, Inc. for a multi-family residential development located on property identified as Chapel Hill Township Tax Map 45, Block A, Lot 1 (PIN # 9799-15-5719), Lot 2 (9799-16-4182), Lot 3 (PIN # 9799-15-5996), Lot 4 (PIN # 9799-15-6867), Lot 5 (PIN # 9799-15-7800), Lot 6 (PIN # 9799-15-7761), and Lot 9 (PIN # 9799-16-5024), if developed according to the site plan dated October 30, 1998, (revised June 9, 1999 and September 2, 1999) and the conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Franklin Grove Townhomes Special Use Permit in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by October 27, 2001 (two years from the date of Council approval) and be completed by October 27, 2002 (three years from the date of Council approval).

2. Land Use Intensity: That this Special Use Permit approves a 58 unit multi-family residential development consisting of 53 new townhomes, the renovation of 4 existing single-family dwelling units, and one existing single-family dwelling unit, with a total Floor Area of 107,479 square feet; Outdoor Space of 292,596 square feet; Livability Space of 190,508 square feet; Recreation Space of 17,841 square feet, and a minimum of 116 on-site parking spaces, within the boundaries of this Special Use Permit.

3. Abandonment of Right-of-Way: That the applicant provide documentation that the North Carolina Department of Transportation (NCDOT) has abandoned 50 feet of right-of-way along the property’s southeastern frontage, for a length of approximately 140 feet. This documentation shall be provided prior to the issuance of a Zoning Compliance Permit.

4. East Franklin Street and Elliott Road : That the following intersection improvements and signal upgrades be approved by the Town and the North Carolina Department of Transportation (NCDOT) prior to the issuance of a Zoning Compliance Permit; and, that the improvements/upgrades be constructed prior to the issuance of a Certificate of Occupancy for the Franklin Grove development:

Ø A protected/permitted left turn lane phase for southbound traffic on Elliott Road;

Ø A protected/permitted left turn lane phase for northbound traffic on Elliott Road; and

Ø Pedestrian signals with push button actuation, for all four corners of the intersection.

5. East Franklin Street and Eastgate Drive: That a $5,000 payment-in-lieu for a pedestrian crossing signal to link the linear park and the greenway at this intersection, be received by the Town prior to the issuance of a Zoning Compliance Permit (the payment would be refunded after 5 years, if the signal has not been installed).

6. Dedication of Public Streets: That all internal roadways shall be dedicated as public streets and built to Town standards.

7. Adjustment of Road Layout: That the road which loops through the northern part of the site be redesigned to (1) relax the curve radii and the extent to which vehicles must negotiate the proposed double curve, and (2) to eliminate the proposed dead end stub in the center of the site, prior to the issuance of a Zoning Compliance Permit.

8. On- Street Parking: That the final location of on-street parking be reviewed and approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

9. Pavement Surface: That pavement surface delineation be utilized at each driveway/ sidewalk intersection, subject to the approval of the Town Manager prior to installation.

10. NCDOT Approval: That any required permits or encroachment agreements by the North Carolina Department of Transportation be obtained, and copies of the permits and agreements be submitted to the Town, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. Landscape Protection Plan: That the Town Manager shall approve a Landscape Protection Plan prior to issuance of a Zoning Compliance Permit.

13. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨ Type D landscape bufferyard (minimum width 30 feet) along the property’s southern East Franklin Street frontage.

¨ Type C landscape bufferyard (minimum width 20 feet) along the site’s western property line.

¨ Type B landscape bufferyard (minimum width 10 feet) along the property’s northern property line.

¨ Type B landscape bufferyard (minimum width 15 feet) along Milton Avenue adjacent to the Residential-4 (R-4) zoning district.

¨ Type C landscape bufferyard (minimum width 20 feet) along Milton Avenue adjacent to the Office/Institutional-2 (OI-2) zoning district.

14. Alternative Buffers: In the event that the applicant is unable to provide the minimum required number of plantings for the proposed landscape bufferyards, then the applicant will be required to receive approval of any alternative buffers from the Community Design Commission, prior to the issuance of a Zoning Compliance Permit.

15. Grading and Landscape Plans: That the grading and landscape protection plans shall identify all road and sidewalk improvements.

16. Protection of Significant Trees: That the applicant make necessary adjustments to the retaining wall and/or 12-foot planting strip along the property’s East Franklin Street frontage, during the review and approval of the Grading and Landscaping Plans for this site, prior to the issuance of a Zoning Compliance Permit. These adjustments may include allowing meandering of the sidewalk and retaining wall in an effort to preserve the root zone for two of the significant oak trees along the property’s East Franklin Street frontage.

Stipulations Related to Recreation Space

17. Recreational Amenities: That the applicant shall provide active recreational elements including a bocce ball court, game tables, a horseshoe pit, a small lawn area that will be available for other recreational uses, and bird-feeding stations with viewing areas as part of the development.

18. Recreational Space Design: That the bocce ball court should be designed to drain quickly in the event that the detention basin is flooded; and that a hard path should be provided into the detention basin and surrounding the bocce ball court.

19. Recreational Space Requirement: Based on the combination of recreational amenities on this site, the Town Manager shall have the authority to determine if the minimum recreational space requirements for this site are being fulfilled, prior to the issuance of a Zoning Compliance Permit.

20. Recreation Equipment: That the Town Manager shall approve all recreation structures and equipment prior to installation.

Stipulations Related to Fire Safety

21. Fire Flow Report: That a fire flow report and detailed construction plans, sealed by a registered engineer, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Homeowners’ Association

22. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross-referenced on the final plat.

23. Stormwater Detention Facility: That the stormwater detention facility shall be owned and maintained by the Homeowners’ Association.

24. Ownership of Recreation Area: That all recreation and common areas, including landscape bufferyards, shall be owned and maintained by the Homeowners’ Association.

25. Pavement Delineation: That all areas of pavement delineation and texturing shall be maintained by the Homeowners’ Association.

Stipulations Related to Refuse Collection & Recycling

26. Private Refuse Collection: That this development shall have private refuse collection.

27. Solid Waste Management Plan: That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Shared Dumpster Agreement: That a shared dumpster/compactor access agreement which assures that the refuse containers may be serviced across property lines and, if needed, that all parties may use the proposed trash/recycling area(s), be approved by the Town Manager and recorded at the Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

29. Future Recycling Area: That the applicant identify a future standard recycling area that would be able to accommodate 7-9 recycling roll-carts, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

30. Stormwater Management Plan: That a Stormwater Management Plan, based on the Town’s Hydros program, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.

31. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval letter be provided to the Town Manager, prior to issuance of a Zoning Compliance Permit.

32. Building Elevations and Site Lighting: That the Community Design Commission shall approve building elevation and site lighting plans prior to issuance of a Zoning Compliance Permit.

33. Stone Walls: That the Community Design Commission shall approve elevations and materials for the stone walls proposed on the site, prior to the issuance of a Zoning Compliance Permit.

34. Utility Plan Approval: That the final utility plan shall be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.

35. Detailed Plans: That the final detailed site plans, grading plans, utility and lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

37. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

38. That the applicant will renovate four (4) homes on Milton Avenue to standards agreed upon by the applicant and Orange Community Housing Corporation (OCHC), and approved by the Town Manager.

39. That the applicant will sell the four renovated properties to the Community Land Trust in Orange County for $118,000 each, and will finance the sale of these properties for 90 days after sale.

40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

41. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Franklin Grove Townhomes.

This the 27^th day of October, 1999.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ASK THE MANAGER TO BRING BACK AS AN AGENDA ITEM FOR COUNCIL DISCUSSION ON OPTIONS TO TAKE TO THE NCDOT TO IMPROVE THE PEDESTRIAN SAFETY AT THE ELLIOTT ROAD AND FRANKLIN STREET INTERSECTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11. Consideration of Proposed Traffic Management Project

for Pinehurst Drive

David Brown, Traffic Engineer, reviewed the proposal. He said the memorandum contained a resolution which would direct the Town Manager to work with The Oaks II Homeowners’ Association to safely and appropriately implement various traffic management features on Pinehurst Drive, as proposed in the plan, which was first presented to the Council on June 27, 1999 by representatives of the Oaks II Homeowners’ Association. Mr. Brown said that in July 1998 the Council adopted a resolution that three conditions had to be met before construction of traffic calming devices:

1. Consideration of public input;

2. Technical review; and

3. Availability of private funding.

Mr. Brown said that at a public hearing on September 27, 1999, comments were received by the Council from citizens. He said three types of traffic calming devices were proposed for installation on Pinehurst Drive: traffic island, a traffic circle, and speed undulations (tables). Mr. Brown discussed some of the comments and concerns. He said the Council concurred that all proposed traffic management devices should be practical and functional, with design considerations included to safely and appropriately accommodate bicyclists, roller bladers, and emergency/service vehicles.

Mr. Brown said that in response to the comments and concerns noted, the staff was providing responses as they related to each of the proposed traffic management devices. Mr. Brown provided displays for illustration.

· Traffic Islands—Five traffic islands were proposed on Pinehurst Drive between Ephesus Church Road and Tree Top Place. Mr. Brown reported the staff comments that said it believed the proposed traffic island could provide effective traffic management functions.

· Traffic Circle—traffic circle was being proposed at the intersection of Pinehurst Drive and Lancaster Drive. Mr. Brown reported the staff comment that said it thought the proposed traffic circle could be designed and constructed so as not to impede emergency or service vehicles.

· Speed Tables—Two speed tables were being proposed on Pinehurst Drive, one between Lancaster Drive and Burning Tree Drive and another south of Burning Tree Drive. Mr. Brown reported staff comment that said the proposed speed tables were located on segments of Pinehurst Drive with only minor grades and with good sight distance in all directions.

· Landscaping—The traffic island and traffic circle would be landscaped. Mr. Brown reported the staff comment that said the Town could provide limited maintenance of the planted areas, consisting of periodic mowing.

Mr. Brown said if the Council adopted the resolution, the staff would expect to receive detailed construction drawings from The Oaks II Homeowners’ Association. He said the Town did not expect to incur any direct costs associated with implementing the Pinehurst Drive traffic management plan.

Susan Franklin, speaking for the Oaks II Homeowners’ Association, urged the Council to adopt the resolution. She said she wished to clarify some language in the memorandum. She said on page 2, the record should clearly state that there were two different pots of money—one was negotiated with Roger Perry, $75,000, for traffic calming devices for Pinehurst Drive, and the other $75,000, negotiated by Roger Perry with the Town, was for traffic calming devices in all the contiguous neighborhoods of Oaks II. Ms. Franklin said she appreciated the language regarding traffic islands and traffic circles with regard to relocation, if the Association wished to do so. She said they appreciated the language regarding speed tables, that if they wished to relocate or replace the speed tables, that would be acceptable. Ms. Franklin noted that the Association had provided the conceptual drawings that Roger Perry was working from for the construction drawings. She thanked David Brown and the Council.

Leslie MacKowiak, a resident of Pinehurst Drive, said that although her end of Pinehurst Drive at Ephesus Church Road was not part of Oaks II, her neighborhood would be affected by the speed tables, and she would not want one located at the end of her driveway, as was indicated on the plan.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

A RESOLUTION APPROVING A TRAFFIC MANAGEMENT PLAN FOR PINEHURST DRIVE AND AUTHORIZING THE TOWN MANAGER TO APPROVE THE DESIGNS OF THE ASSOCIATED TRAFFIC CALMING DEVICES (99-10-27/R -13)

WHEREAS, it is the desire of the Council to implement traffic management measures wherever appropriate throughout the Town; and

WHEREAS, the Council has received the June 27, 1999 petition from the Oaks II Homeowners' Association which proposes a traffic management plan for Pinehurst Drive, including traffic islands, speed tables, and a traffic circle; and

WHEREAS, the Council has reviewed the proposed Pinehurst Drive traffic management plan and has received public comment regarding the proposed plan at the September 27, 1999 public forum; and

WHEREAS, the Council has determined that the proposed plan for traffic management on Pinehurst Drive is reasonable and prudent;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town Chapel Hill that the Council approves the proposed Pinehurst Drive traffic management plan including five traffic islands, one traffic circle, and two speed tables.

BE IT FURTHER RESOLVED that the Town Manager is authorized to receive and approve construction plans for the proposed traffic management devices, and to provide construction inspection as appropriate for work within public rights-of-way.

This the 27^th day of October, 1999.

Item 13. Discussion of Growth Management Act

Mayor Waldorf recommended referring the Act to the staff and the Town Attorney for study for further discussion at a later date.

Council Member Brown said she thought it was a very important matter and should be discussed and agreed that it could be referred for further study and discussion.

Council Member Foy said that Mayor pro tem Capowski, Town Manager Horton, and he had been at the North Carolina League of Municipalities meeting and one of the sessions was Representative Hackney and some others who talked about the Smart Growth Committee, which has not yet begun to meet, although members had been appointed. Council Member Foy felt it was not a good time to pick apart the bill, but rather a better time to give information to the Committee.

Council Member McClintock agreed and asked what the status was with the Committee. Council Member Foy said the Committee had a budget and planed to meet at the beginning of the next year, and would be gathering information.

Mayor pro tem Capowski said the mission of the Committee was general, and they would decide where they would go.

Mr. Horton added that the Council would have the opportunity to provide testimony at key times, and have some influence in the direction in which the Committee proceeded.

Council Member Brown said she had envisioned the Council looking at the Act as a general concept, not going over it line by line, and giving its concerns to the Committee, that the Town should retain its ability to zone and have control over its own jurisdictions.

Mayor Waldorf had specific concerns with the Act, in that she did not like the position that would take away the zoning and land use authorities from the towns, giving them to the counties. She suggested getting some basic information from the study and from staff comments.

Council Member Evans suggested waiting for the Committee to meet before making Council comment.

Council Member Wiggins said the Town was in a unique position to do some lobbying, in that the Representatives sponsoring the bill were the Town’s Representatives.

Council Member Foy said the Council had requested this study from the Representatives.

Mayor Waldorf recalled that the Council had asked for better regional planning and this Act was what had come out of that request.

Council Member Brown said the Council had asked for a look at urban growth boundaries.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COMMENTS BE REFERRED TO THE STAFF, FOR COMMENT AT SOME FUTURE TIME, SO THE COMMENTS COULD BE FORMALIZED TO THE TOWN’S REPRESENTATIVES AS TO THE DIRECTION THEY SHOULD TAKE IN LOOKING AT THE ISSUE. ALONG WITH A SCHEDULE OF THE COMMITTEE’S MEETINGS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Capowski suggested that the next time Mayor Waldorf talked to Representative Lee, she should ask him what would be the best way for the Council to give input to the Committee and to get the status report.

Item 14. Consideration of Options for Plant Rescues

Mr. Horton said if the Council wished to suggest that plant rescues be encouraged, the staff could do so, but if the Council wished to require plant rescues the regulations would have to be changed.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 16A. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO DEVELOP A NEW STANDARD STIPULATION ABOUT PLANT RESCUES (99-10-27/R-16a)

WHEREAS, the Chapel Hill Town Council has indicated a desire to encourage developers to consider conducting plant rescue activities on a development site prior to initiation of development activity;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to begin, when appropriate, including in recommended resolutions of approval for all Special Use Permit, Special Use Permit Modification, and Major Subdivision applications a condition encouraging plant rescue.

This the 27th day of October, 1999.

Item 15. Appointment

a. To Parks and Recreation Commission.

Andrea Rohrbacher was appointed to fill the vacancy on the Parks and Recreation Commission with 6 votes.

Parks and Recreation Commission

Council Members

Applicants

Waldorf

Bateman

Brown

Capowski

Evans

Foy

McClintock

Pavão

Wiggins

TOTAL

Mary Norwood-Jones

Andrea Rohrbacher

Joyce Robson Trout

–

Item 16. Petitions

a. By the Mayor and Council Members

(1) By Council Member Bateman Regarding Resolution in Support of El Centro Latino de Orange County.

Council Member Bateman said she and Annette Moore had attended a meeting of the Hispanic Community to try to find a permanent location for a Hispanic Center, El Centro Latino de Orange County. She said each of the governments in Orange County had been asked to support a resolution that, if Centura and Triangle Bank merged, the banks would be required to donate, as part of the requirement that a donation be made to the community, one of their buildings in Carrboro to El Centro Latino de Orange County.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 18.

Council Member Bateman explained that there was a requirement of banks, when they merge, to give a community contribution. She said the banks were interested in this dialogue.

Council Member Evans pointed out that it would take property off the Town’s tax base, and would become a County property.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION IN SUPPORT OF EL CENTRO LATINO DE ORANGE COUNTY REQUEST TO CENTURA AND TRIANGLE BANKS (99-10-27/R-18)

WHEREAS, Orange County has one of the ten fastest growing populations of Latinos in North Carolina, and;

WHEREAS, the people of Orange County are dedicated to helping the growing Latino population of Orange County acculturate to Orange County, and;

WHEREAS, the Orange County Latino population, the Inter-Agency Task Force and Los Niños Task Force have determined that to provide necessary services to the emerging Latino population, there is a need for the creation of a central place for resources, education, information and support, and;

WHEREAS, the success of El Centro Latino de Orange County is vital to support the needs of the Latino population in Orange County and all facets of the community are coming together to ensure that, and;

WHEREAS, both Centura Bank and Triangle Bank are Corporate Partners within Orange County and have a continuing and affirmative commitment to help meet the needs of the community, and;

WHEREAS, Centura Bank and Triangle Bank have proposed a merger, thus reducing their need for either the Centura Bank building at 300 Weaver Street or the Triangle bank building located at 505 W. Main Street, Carrboro, North Carolina.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that, upon the merger of Centura and Triangle Banks, they donate either the Triangle bank building located at 505 W. Main Street or the Centura Bank building located at 300 Weaver Street in Carrboro in fee simple to El Centro Latino de Orange County.

This the 27^th day of October, 1999.

(2) By Council Member Foy Regarding Lending Practices.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, A PETITION: “RECENTLY NEWS REPORTS INDICATE THAT LENDING PRACTICES IN ORANGE COUNTY APPEAR TO BE BIASED AGAINST CITIZENS OF OUR COMMUNITY BASED ON UNLAWFUL CONSIDERATIONS. ALTHOUGH THE TOWN COUNCIL DOES NOT REGULATE LENDING INSTITUTIONS, IF THESE LENDING PRACTICES ARE IN FACT OCCURRING, THEY ARE HAVING A DETRIMENTAL IMPACT ON OUR COMMUNITY. THIS PETITION IS TO ASK OUR STAFF TO PROVIDE THE TOWN COUNCIL WITH FURTHER INFORMATION AS TO THE SOURCE OF THESE REPORTS, THE METHODS USED IN OBTAINING THE RESULTS OF THESE REPORTS, AND THE REMEDIES SUGGESTED, IF ANY. FURTHERMORE, OUR STAFF SHOULD REQUEST EXPLANATIONS FROM REPRESENTATIVES OF LENDING INSTITUTIONS IN CHAPEL HILL AND ORANGE COUNTY AS TO THEIR POSITIONS ON THESE REPORTS, AND THEIR PROPOSED REMEDIES, IF ANY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member McClintock suggested that the staff talk with the Human Relations Commissions.

Council Member Wiggins said she had done much research on this subject since she had seen the article in the newspaper.

Item 5. Consent Agenda (continued)

(b) Nominations to Bicycle and Pedestrian Advisory Board and Solid Waste Advisory Board.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, A PROPOSAL THAT THE COUNCIL FORWARD TO ALL APPLICANTS FOR THE SOLID WASTE ADVISORY BOARD A COPY OF THE GOALS FOR THE MANAGEMENT OF SOLID WASTE IN ORANGE COUNTY AS ADOPTED BY THE LANDFILL OWNERS’ GROUP OCTOBER 19, 1995 AND SUBSEQUENTLY ADOPTED BY THE GOVERNING BOARDS OF CARRBORO, CHAPEL HILL, HILLSBOROUGH, AND ORANGE COUNTY AND THAT THE COUNCIL ALSO FORWARD A COPY OF AN ABBREVIATED VERSION OF THE INTEGRATED SOLID WASTE MANAGEMENT PLAN ADOPTED BY ALL FOUR GOVERNING BODIES IN ORANGE COUNTY. THE COUNCIL SHALL SET UP INTERVIEWS WITH ALL APPLICANTS, WITH THE LAST TWO LANDFILL OWNERS’ GROUP MEMBERS, AND POSSIBLY SEVERAL MEMBERS OF THE CITIZENS TASK FORCE WHICH WORKED WITH A CONSULTANT TO DEVELOP AN INTEGRATED PLAN, TO DISCUSS THE APPLICANT’S UNDERSTANDING OF THESE TWO DOCUMENTS AND WILLINGNESS TO COMMIT TO ADVOCATING FOR BOTH THE GOALS AND INTEGRATED PLAN ON THE ADVISORY COMMITTEE AS CHAPEL HILL’S REPRESENTATIVES. THERE SHOULD ALSO BE A COMMITMENT TO REPORT PERIODICALLY, AT LEAST TWICE A YEAR, OR MORE AS THE NEED ARISES, TO THE CHAPEL HILL TOWN COUNCIL ON WORK OF THE SOLID WASTE ADVISORY BOARD AND WHETHER THE COMMISSIONERS ARE CARRYING OUT THE GOALS IN THE INTEGRATED PLAN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 6. Information Reports (continued)

(b) Report from the Greenways Commission regarding potential purchase of the Lloyd property.

Council Member Bateman recommended that the Council appoint some members, together with some staff members, to meet with the owners of the Lloyd property to determine the long-term plans for the property. She felt it was a piece of property that would have value to the community.

Council Member McClintock suggested that before talking to the landowner, the group meet with the staff, take a look at the land use, and talk with the new County employee, whose job was to acquire land for the County.

Mayor pro tem Capowski asked how many acres the property included. Mr. Horton said 47 or 48 acres.

Mayor pro tem Capowski asked if the Council would be asking an intent that would have an impact on development. Mr. Horton said he did not believe so, just suggesting that the members of the Council wanted to enter into conversation with the owners of the property to determine what the owners future interests were, and whether there would be any methods available for the community’s interest to be taken into account.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO AUTHORIZE MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN AND BROWN TO PURSUE CONVERSATION ON THE LLOYD PROPERTY FOR POSSIBLE PURCHASE OR DONATION TO KEEP THE LAND AS A GREEN AREA AND TO REPORT BACK TO THE COUNCIL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting was adjourned at 10:25 p.m.